|
Your access to and use of the Olympia Capital Associates,
LP. Web site (this "Site"), which is owned and operated
by Olympia Capital Associates, LP , shall be governed by the
following terms and conditions of usage ("Terms of Usage").
Do not use this Site if you do not agree to be bound by these
Terms of Usage. If you do not wish to be bound by these Terms
of Usage, you must not use this Site.
PLEASE READ THESE TERMS OF USAGE CAREFULLY BEFORE USING THIS
SITE.
.
Section 1 Purpose
1.1 Purpose.
This Site is provided solely for the purpose of providing
information about Olympia Capital Associates, LP, and its
client companies (collectively, the "Olympia Cooperating
Companies"), and to provide customers of the Olympia
Cooperating Companies with access to information regarding
their accounts. The information provided on this Site is not
intended for distribution to, or use by, any person or entity
in any jurisdiction or country where such distribution or
use would be contrary to law or regulation or which would
subject the Olympia Cooperating Companies to any registration
requirement within such jurisdiction or country. The Olympia
Cooperating Companies are not utilizing this Site to provide
investment or other advice to you or any other party, and
no information or material at this Site is to be relied upon
for the purpose of making or communicating investment or other
decisions. Neither the information nor any opinion contained
on this Site constitutes investment advice or a solicitation
by the Olympia Cooperating Companies for the purchase or sale
of any securities, futures, options or other financial instruments
or to provide any investment advice or service.
IF YOU ARE IN ANY DOUBT AS TO WHETHER THIS SITE CAN BE LAWFULLY
USED BY YOU DO NOT USE THIS SITE.
The information on this Site has been compiled from both
internal and external sources. The Olympia Cooperating Companies
use reasonable efforts to make sure that the information appearing
on this Site is accurate and up-to-date. However, the Olympia
Cooperating Companies do not represent or warrant that the
information contained herein is accurate or complete.
1.2 Structure & Links.
This Site may contain hyper-links, which allow you to click-through
to pages on third party sites ("Linked Sites").
If you click-through to any Linked Site, either directly or
indirectly through this Site, you acknowledge and agree that
you shall be subject to the terms and conditions of usage
and privacy policies applicable to such Linked Site.
1.3 Linked Site Disclaimer.
The Olympia Cooperating Companies provide links to the Linked
Sites only as a convenience and without any obligation on
the part of the Olympia Cooperating Companies to review such
Linked Sites or liability arising out of your use thereof.
The fact that you may click-through to Linked Sites does not
mean that the Olympia Cooperating Companies endorse or guarantee
such Linked Sites, the Linked Sites' sponsors or the Linked
Sites' content. Any and all content to which you link, either
directly or indirectly, from this Site will not have been
developed, reviewed or monitored by the Olympia Cooperating
Companies, and the Olympia Cooperating Companies cannot and
do not guarantee or make any representation or warranty, either
express or implied, as to the accuracy, validity, sequence,
timeliness, completeness or continued availability of any
such content.
1.4 Posted Guidelines.
In addition to these Terms of Usage, when using this Site,
you shall be subject to and agree to follow any posted guidelines
or rules, which may be posted on this Site from time to time.
1.5 Passwords.
The password protected areas of this Site, and the information
contained on or through this Site may be accessed only by
persons who have been authorized by an Olympia Cooperating
Company to use such areas pursuant to these Terms of Usage
and solely based on written representations and warranties
such persons have given to an Olympia Cooperating Company.
The password assigned to you is for your use only and you
are solely responsible for the safekeeping of your password.
You are responsible if your password is lost, stolen or misused
and you must notify us immediately if any of these events
happen. You will be responsible for all activity attributable
to your password including for any adverse regulatory or other
consequences for the Olympia Cooperating Companies or any
of their other customers arising as a result of any unauthorized
use of your password.
1.6 Right to Terminate User Access.
The Olympia Cooperating Companies reserve the right to limit,
restrict and terminate your access to, and use of, this Site
at any time, in whole or in part, in its sole discretion and
without notice.
1.7 Investor and Financial Statements:
The valuation of Fund assets is derived from internal
and external sources, including the Investment Manager. Especially
in the case of specialized portfolios with limited liquidity
or where market or third party quotes are not readily available,
the Investment Manager may be the sole or principal source
of information. The Olympia Cooperating Companies use commercially
reasonable efforts in compiling all information. However,
the Olympia Cooperating Companies do not represent or warrant
that such information is accurate or complete. Past performance
provides no assurance of future results.
1.8 Performance Data:
The valuation of Fund assets is derived from internal
and external sources, including the Investment Manager. Especially
in the case of specialized portfolios with limited liquidity
or where market or third party quotes are not readily available,
the Investment Manager may be the sole or principal source
of information. The statistical returns presented here are
calculated using a commonly used commercial software package.
Other return formulas may yield different results. Please
note that these performance numbers are unaudited. Past performance
provides no assurance of future results.
1.9 Benchmarks:
All benchmarks have been chosen by the Funds investment
manager and are based on data provided by independent third
parties or represent a percentage blend of such data selected
by the investment manager. The Olympia Cooperating Companies
make no representation or warranty regarding the appropriateness
or accuracy of benchmark data.
Section 2 - DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
2.1 Information "As Is" and "As Available".
THE INFORMATION PROVIDED ON OR THROUGH THIS SITE IS PROVIDED
"AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY
OF ANY KIND. YOUR USE OF THIS SITE OR ANY LINKED SITE IS AT
YOUR OWN RISK. ALTHOUGH THE INFORMATION ON THIS SITE IS OBTAINED
OR COMPILED FROM SOURCES THE OLYMPIA COOPERATING COMPANIES
BELIEVE TO BE RELIABLE, THE OLYMPIA COOPERATING COMPANIES
CANNOT AND DO NOT GUARANTEE OR MAKE ANY REPRESENTATION OR
WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO THE ACCURACY, VALIDITY,
SEQUENCE, TIMELINESS, COMPLETENESS OR CONTINUED AVAILABILITY
OF ANY INFORMATION OR DATA MADE AVAILABLE ON THIS SITE OR
ON ANY LINKED SITE. IN NO EVENT SHALL ANY OF THE OLYMPIA COOPERATINGCOMPANIES
BE LIABLE FOR ANY DECISION MADE OR ACTION OR INACTION TAKEN
BY YOU IN RELIANCE ON ANY INFORMATION OR DATA ON THIS SITE
OR ON ANY LINKED SITE. THE OLYMPIA COOPERATING COMPANIES FURTHER
EXPLICITLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. THE OLYMPIA COOPERATING COMPANIES,
SUPPLIERS OF THIRD-PARTY CONTENT AND ANY OTHER THIRD PARTY
WORKING WITH THE OLYMPIA COOPERATING COMPANIES SHALL NOT BE
RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGES
OR LOSS (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL
AND ANY AND ALL OTHER FORMS OF DAMAGES OR LOSSES REGARDLESS
OF THE FORM OF THE ACTION OR THE BASIS OF THE CLAIM) CAUSED
OR ALLEGED TO BE CAUSED IN CONNECTION WITH YOUR USE OF THIS
SITE WHETHER OR NOT FORESEEABLE, EVEN IF THE OLYMPIA COOPERATING
COMPANIES, SUPPLIERS OF THIRD-PARTY CONTENT OR OTHER THIRD
PARTIES WORKING WITH THE OLYMPIA COOPERATING COMPANIES IN
CONNECTION WITH THIS SITE HAVE BEEN ADVISED OF THE POSSIBILITY
OR LIKELIHOOD OF SUCH DAMAGES.
2.2 Computer Viruses.
The Olympia Cooperating Companies are not responsible for
any computer virus or related problems which may be attributable
to this Site.
2.3 Internet Security.
You understand and agree that the Olympia Cooperating Companies
utilize a variety of electronic networks, including the Internet,
to transport data and communications. Complete confidentiality
and security is not yet possible over the Internet and the
transmission of any data on any electronic network may be
subject to delay, interruption, interception, blackout or
inaccuracy. The Olympia Cooperating Companies advise you that
the Internet is not a secure medium and privacy cannot be
ensured. You agree that neither the Olympia Cooperating Companies
nor any third party working with the Olympia Cooperating Companies
in connection with this Site shall be responsible for any
kind of loss or damage caused by any such event or by communications
line failure, interception by third parties, unauthorized
access, theft, systems failure, service interruption, or other
occurrence beyond their control, or from any other cause relating
to your access to, inability to access or use of this Site,
whether or not the circumstances giving rise to such cause
may have been within the control of the Olympia Cooperating
Companies or any third party working with the Olympia Cooperating
Companies in connection with this Site.
2.4 Encryption.
The Olympia Cooperating Companies may use encryption technology
to protect certain transmissions of data to/from this Site,
but e-mail and other communications, unless otherwise noted
on this Site, are not encrypted to/from this Site. Therefore,
you should not send any personal or identifying information,
such as account numbers, credit card numbers, Social Security
numbers, passwords, etc., to the Olympia Cooperating Companies
via e-mail. Your use of e-mail or other electronic communication
means you acknowledge that you have no expectation of privacy
with respect to the information delivered thereby and that
the Olympia Cooperating Companies will not be responsible
for any loss or damage that could result from interception
by third parties of any information so sent.
Section 3 RESERVATION OF RIGHTS
3.1 Site Content.
All content and information contained within this Site or
delivered to you in connection with your use of this Site
(including all text, graphics, audio, video, icons, software
code and trade secrets, as well as the overall organization,
design, look, feel and appearance of this Site) (collectively,
the "Site Content") is protected under applicable
patent, copyright, trademark and other intellectual property
laws (collectively, "Proprietary Rights"), both
as individual works and as a compilation. The Olympia Cooperating
Companies do not waive any of their Proprietary Rights in
this Site or in any Site Content, and the availability of
any Site Content shall not, under any circumstance, constitute
a transfer of any Proprietary Rights of the Olympia Cooperating
Companies or any of their licensors to any user or any other
third party.
3.2 Printing and Downloading.
If you download any information from this Site for your personal
noncommercial use, you agree that you will not remove or obscure
any copyright or other notices contained in any such information.
You may not copy, republish, redistribute, transmit, participate
in the transmission of, create derivatives of, alter, edit
or exploit in any manner any material from this Site, including
by storage on retrieval systems, without the express written
permission of an Olympia Cooperating Company.
Section 4 MISCELLANEOUS
4.1 Entire Agreement.
These Terms of Usage constitute the entire agreement of the
parties hereto with respect to the subject matter hereof and
supersede all prior agreements and undertakings, both written
and oral, between the parties with respect to the subject
matter hereof.
4.2 Severability.
If any term or other provision of these Terms of Usage is
invalid, illegal or incapable of being enforced by any law
or public policy, all other terms and provisions of these
Terms of Usage shall nevertheless remain in full force and
effect so long as the economic or legal substance of the transactions
contemplated hereby is not affected in any manner materially
adverse to any party.
4.3 Governing Law; Forum.
These Terms of Usage shall be governed in all respects by
the laws of New York, without giving effect to principles
of conflicts of law, and any litigation arising out of or
connected in any way with these Terms of Usage shall take
place in a court of competent jurisdiction in New York.
4.4 Waiver of Jury Trial.
YOU WAIVE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW
ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO
ANY ACTIONS OR PROCEEDINGS DIRECTLY OR INDIRECTLY ARISING
OUT OF, UNDER, OR IN CONNECTION WITH, THESE TERMS OF USAGE.
|